What Damages Can You Recover in an Employment Lawsuit?
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Employment lawsuits can recover more than just lost wages. Learn about all available damages.
Key takeaways
Back pay covers all wages and benefits lost from the violation date
Front pay compensates for future lost earnings
Compensatory damages cover emotional distress
Punitive damages punish especially egregious conduct
Types of Damages
Back Pay
All wages, salary, bonuses, and benefits lost from the date of the violation.
Front Pay
Future lost earnings when reinstatement is not feasible.
Compensatory Damages
Emotional distress, mental anguish, and loss of enjoyment of life.
Punitive Damages
Additional damages to punish particularly malicious conduct.
Liquidated Damages
In eligible FLSA cases, an additional amount equal to unpaid wages may be available.
Attorney Fees
Some employment statutes allow attorney fees and costs when the worker proves the claim.
Damage Caps and Limitations
EEOC materials explain that compensatory and punitive damages under federal discrimination law are capped based on employer size, while remedies such as back pay can be treated differently. Wage, contract, Section 1981, state-law, and leave claims can follow different rules. A free consult with employment lawyers can help identify which limits may apply.
Frequently Asked Questions
Can I get my job back?
Reinstatement is possible but courts often prefer front pay when the relationship is damaged.
Do I have to mitigate damages?
Yes. You must make reasonable efforts to find comparable employment.
Can my employer be forced to change policies?
Yes. Courts can order injunctive relief requiring policy changes.
Primary Sources
Need Legal Help?
If you're dealing with settlements at work, YesLawyer can review your employment-law options. Get a free consult.
Get a Free Consult With Wrongful Termination Settlement →
